Base citations can land you in Federal Magistrate Court

More than likely, very few people are aware that each time they enter one of the many naval installations
in Navy Region Northwest, that they could be prosecuted in Federal Magistrate Court if they break the law.
The state of Washington, like every other state in the union, possesses both state and federal criminal courts.
Federal Magistrate Court is the branch of Federal court that handles criminal misdemeanors, and Federal District
Court Judges appoint Federal Magistrates to preside over these courts.
If someone commits a criminal misdemeanor on Federal property, such as a naval base or U.S. National Park, an
Assistant U.S. Attorney or a military Judge Advocate serving as a Special Assistant U.S. Attorney, can prosecute them
in Federal Magistrate Court. When someone is prosecuted in Federal Magistrate Court in the state of Washington, they
most often committed a misdemeanor on either a Department of Defense installation or a National Park.
To be prosecuted in Federal Magistrate Court for breaking the law while on board a naval installation, an individual must
receive a Federal Magistrate Court ticket from base security. Whenever someone commits an offense while on a naval
installation, Naval Base security will either issue an Armed Forces Traffic ticket or a Magistrate Court ticket.
If you receive a Magistrate Court ticket, you will be required to appear before a Federal Magistrate located at a Federal
Courthouse, such as the Federal Courthouse in Tacoma, Washington. Judge Advocates assigned to the Region Legal Service
Office Northwest, while serving in their role as Special Assistant U.S. Attorneys, prosecute Magistrate Court tickets issued to
offenders on naval installations in Navy Region Northwest.
Having received a magistrate ticket, offenders will appear before a Magistrate in what is known as their “first appearance,” where
they will either plead guilty or not guilty. If they plead not guilty, then a court date is set for a later time, and if they plead guilty then
the Magistrate will immediately rule on their case.
Depending on the severity of the crime they are charged with, offenders, who meet certain salary and income limits, are entitled to a
Federal public defender free of charge. For example, an offender, who meets the salary and income limits, charged with driving under
the influence will be assigned a Federal public defender.
Additionally, an offender can hire a private attorney to represent them at no expense to the government. The primary consequence of
a conviction in Federal Magistrate Court is, of course, the criminal record of a misdemeanor conviction. Other consequences of a Magistrate
Court conviction are monetary fines, probation, supervision, and in some circumstances, jail time.
Federal Magistrate Court offers a useful tool to deter criminal offenses for commanders of naval installations in Navy Region Northwest.
Without Federal Magistrate Court, installation commanders would have no legal recourse against civilians who break the law on their
installations other than to debar them from the installation because civilians are not subject to the Uniform Code of Military Justice.
However, with the Magistrate Court in place, all civilians who enter the confines of a naval installation in Navy Region Northwest can
be prosecuted for committing offenses while they are on board, and further, in some instances such as driving under the influence, active
duty members will be prosecuted in Magistrate Court as well.
Armed with this information, hopefully you will now be aware of some of the pitfalls that await you if you commit a crime onboard a Navy
Region Northwest installation.
© 2008 Sound Publishing, Inc.